EEA PERMANENT RESIDENCE CARDS

An EEA Permanent Residence Card is issued to non-EEA national family members and extended family members of EEA nationals who have exercised Treaty rights in the United Kingdom for a continuous period of 5 years. An EEA Permanent Residence Card confirms a right of permanent residence in the UK.

What are the main eligibility requirements for an EEA Permanent Residence Card?

In order to qualify for an EEA Permanent Residence Card you will need to satisfy UK Visas and Immigration that:

You have lived in the UK continuously for five years with your EEA family member or extended family member;

You have not been absent from the UK for more than six months in any one year (except that you will be permitted one longer absence for an important reason, such as military service or pregnancy);

Your EEA family member or extended family member has been exercising Treaty rights as a worker, self-employed person, student or self-sufficient person throughout the five year period.

If applying for an EEA Permanent Residence Card as an extended family member, you will need to have held a valid EEA family permit or residence card throughout.

You can also qualify for an EEA Permanent Residence Card if you have lived in the UK for a continuous period of 5 years, first as the family member of an EEA national and then with a retained right of residence.

You can also qualify for an EEA Permanent Residence Card if you have lived in the UK for a continuous period of 5 years as the family member of a British citizen, if you entered the UK under the ‘Surinder Singh’ route.

It is possible to obtain an EEA Permanent Residence Card before 5 years if either:

You were living with your EEA national family member, who was working or self-employed in the UK, immediately before their death; or

Your EEA national family member was working or self-employed in the UK but has ‘ceased activity’ (stopped work or self-employment because of retirement or permanent incapacity, or because they are now working or self-employed in another EEA state but are still resident and return to the UK at least once a week).

What else do I need to know about the EEA Permanent Residence Card?

There is no legal requirement to obtain an EEA Permanent Residence Card because the right of permanent residence exists as a matter of European Union law. However, an EEA Permanent Residence Card acts as confirmation of your right of permanent residence in the UK and this will make it easier to re-enter the UK, prove your right to work and obtain various services. It is also necessary to obtain an EEA Permanent Residence Card before an application can be made for Naturalisation as a British citizen.

An EEA Permanent Residence Card application can only be made from within the UK, and decisions are supposed to be made within six months.

If your EEA Sponsor is applying for an EEA Permanent Residence Card at the same time it may be possible for you to apply online.

If you are applying as a family member of an EEA national then the Home Office must issue you with an EEA Permanent Residence Card once you have provided the necessary supporting documentary evidence to establish your right of permanent residence.

If you are applying as the extended family member of an EEA national then the Home Office retains a discretion as to whether to issue an EEA Permanent Residence Card.

You do not need to provide evidence for all your time spent in the UK. You can rely on, and provide evidence for, any continuous (5 year) period of qualifying residence.

If you are relying on a qualifying period of residence that ended more than 2 years ago you must also provide evidence that you have not spent more than 2 consecutive years outside the UK since the qualifying period ended. This is because permanent residence is lost if you have been outside the UK for 2 continuous years.

How our immigration barristers can help

Our immigration barristers regularly assist EEA nationals and their family members to relocate to, and settle in, the UK.

Whether you require expert advice on the requirements of the EEA Regulations, an independent assessment of your prospects of qualifying for an EEA residence document or professional assistance with preparing an EEA residency application or appeal, our immigration barristers can help.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to EEA nationals and their family members as part of a professional and friendly service.

WE CAN ALSO ASSIST WITH

Applications for EEA Family Permits

EEA Family Permits are issued to non-EEA nationals living outside the European Union who would like to travel to the UK with an EEA national family member or join an EEA national family member in the UK.

Applications for EEA Registration Certificates

EEA Registration Certificates are issued to EEA nationals who are exercising Treaty rights in the United Kingdom and wish to prove their right of residence. Similarly, the EEA family members of persons exercising Treaty rights may wish to apply for a Registration Certificate.

Applications for EEA Residence Cards

EEA Residence Cards are issued to non-EEA national family members and extended family members of EEA nationals who are exercising Treaty rights in the United Kingdom. EEA Residence Cards confirm a right of residence in the UK.

Applications for EEA Documents Certifying Permanent Residence

EEA Documents Certifying Permanent Residence are issued to EEA nationals who have lived in the UK and exercised Treaty rights for a continuous period of 5 years or more. EEA Documents Certifying Permanent Residence confirm a right of permanent residence in the UK.

The Secretary of State has a discretion to treat some of the requirements as met even where they are not. However, the Secretary of State has no discretion to waive the requirement to have acquired a right of permanent residence.

EEA nationals and their family members applying for naturalisation as a British citizen must be able to produce an EEA Document Certifying Permanent Residence or EEA Permanent Residence Card as confirmation of their right of permanent residence in the UK. Applications for confirmation of permanent residency can take up to 6 months to be decided by the Home Office.

Immigration Appeals by EEA Nationals and Family Members

If your application for an EEA residence document has been refused, our immigration barristers can advise you on the merits of making a fresh application and/or challenging the decision by way of an appeal to the Immigration Tribunal.

As well as preparing high quality EEA residence document applications, our immigration barristers provide professional legal advice and representation in relation to every aspect of pursuing a UK immigration appeal.

Our immigration appeal barristers advise on the merits of appealing against Home Office immigration decisions, draft grounds of appeal and applications for permission to appeal, prepare appeal bundles and provide representation at immigration appeal hearings before the First-tier Tribunal, Upper Tribunal and higher courts.

WHAT CAN WE HELP YOU WITH?

To arrange an initial consultation meeting with one of our immigration barristers, contact our EEA Nationals and Family Members immigration team on 0203 617 9173 or complete our enquiry form.

Expert advice & representation from immigration barristers that you can rely on.

AWARDS

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Richmond Chambers LLP is a limited liability partnership registered in England and Wales and authorised and regulated by the Solicitors Regulation Authority. Barrister members are also regulated by the Bar Standards Board.